SITTINGS IN BANCO.

Otago Daily Times, Issue 165, 27 May 1862, Page 4

SITTINGS IN BANCO.

In re Maclean anu Macandkkw. —Mr. Richmond moved the Court for arrest of judgment, or for a rule nisi, for a new trial, on the ground that the case, as stated iv the declaration, was an artificial one, aud was not correspondent with the facts. It was stated that all the' conditions precedent had been performed by the plaintiff. The defendant had beeu advised to demur; and the learned counsel'argued that the law was against the plaintiff, even on his own. showing. One of the grounds of demurrer was that no consideration was alleged to have been given by the defendant; and the defendant's view of the matter was, that he was entitl d to a judgment. A special ground for applying for a new trial was based on the variance in the contract proved at the trial, from that stated in the declaration. Mr. Dampier followed on the same side, and aiked the Court .to set aside the .verdict, and to enter a non-suit Mr. Gillies contended that there being no leave reserved on the trial, there could be no motion for a non-Miit. His Honor observed that it would be a presumptuous thing in a colonial judge to, over-rule the settled practice as laid down in the text books of England. Mr. Richmond now moved the Court for an arrest of judgment, and took his rule nisi according to the terms of his notice.' 'His Honor appointed eleven o'clock [on Thursday next for hearing the argument. - IN RE HOPKINS AND>. TOWERS. In this case Mr. Gillies supported demurrer, and contended that the case was purely one of equity, and it came under that head of the division of pleadings where the plaintiff claims specific performance. The plaintiff, iv his declaration, sets forth that on the 26th February, 18G2, an agreement in writing was made and signed between him andlhe defendant, and the plaintiff now claimed to have the said agreement specifically performed, lie maintained that there wasno binding contract in existence, in fact that there was nothing in it which this Court could order specifically to be performed; he held that the document (lid not purport to bean agreement to lease the Royal George Hotel and land, as set forth in the .declaration ; but, on the contrary, that, it was merely a statement to n preliminary treaty towards that object. Mr. Cook (p posed, on the ground that the other side had not stated the precise grounds on which he relied. He would ask his Ho .oi's indulgence to allow the c.-.se to stand over until the text authorities could .be'examined!'''.The learned gentlemen argued that tho agreement contained all that was necessary to satisfy the Statute of Fraud?. It contained everything that- appeared to hira to be essential to the carrying out of a contract. The Court adjourned the case until 11 o'clock, tomorrow morning, (this d-iy). IN RE MACLEAN V. MACKINNON. Mr. Cook supported the demurrer. On'the 14th Frebrnary last, plaintiff chartered tho vessel Indus, of 363 tons, for the sole purpose of conveying stock from Williamstown to New Zealand, comprising 1200 sheep, many of which were lost during the voyage. Mr. Gillies submitted that there was no condition precedent, and argued, that the freight was not-pay-able until tho stock was landed. Occupation ought to be complete, and delivery made before freight were payable. The' learned gentleman argped, that' a charter party was a charterer of the entire ship, un* less there was an exception specially stated in the charter party. Chitty's Commercial Law, vol. 3rd, page 387.. Mr. Cook maintained, the case depended entirely ■ .on the construction to be put upon the instrument. His Honor deferred judgment. There being no other cases, the Court rose at five-and-twenty minutes after one, being adjourned to 11 o'clock, to-morrow (this day.)